BVA–MEANWHILE, BACK ON THE HAMSTER WHEEL…


VAI finally got down to the ownership of who coined “the hamster wheel” to disparage the VA adjudications treadmill. It was(drumroll) Carol Wild Scott. It stuck. I am also reaching that plateau with the word jetgun. I coined that in 2008 when I was wee young blogger still wet behind the ears. 

Here’s a great Hepatitis decision. Johnny Reb out of  Greenbough, Alabama is finally hitting his umpteenth remand but this time he’s going to be depositing a goodly amount of samoles soon. In spite of the American Legion’s best service reps, he’s onto the need for that magic IMO. What the hey? it’s the 2000’s now. Everybody is getting on the internet and figuring Caluza/ Hickson/Shedden out.

What caught my eyes was VLJ Marjorie A.  Auer’s ascerbic, dripping invective that was barely controlled, http://www.va.gov/vetapp16/Files1/1602130.txt

Regarding the fibromyalgia claim, the Board remanded that claim in September 2011 in order for a VA examination to be provided; such was provided in May 2012. During that examination, the examiner noted that the Veteran did not meet the criteria for a diagnosis of fibromyalgia, but rather was diagnosed with chronic myalgia. He then opined that the Veteran’s condition was less likely as not due to service, because he “does not meet criteria for fibromyalgia[, rather] he has chronic myalgia and joint pains which are probably related to hepatitis C and DJD.”

The Board notes that there are several instances of diagnosis of fibromyalgia in the Veteran’s VA and private treatment records of record; the May 2012 examiner does not discuss the veracity of those diagnoses, nor does he address whether the Veteran’s chronic myalgia is related to his service, only stating that such is “probably due to” hepatitis C and DJD without explaining that speculative conclusion. The examination and medical opinion is woefully inadequate.

Likewise, the Veteran underwent a VA examination for his claimed IBS at that same time. The examiner noted that the Veteran did not have a diagnosis of IBS, although he noted a diagnosis of diverticulitis in 1992, noted a history of diagnosis of GERD since at least 1997, and that an upper endoscopy noted a diagnosis of erosive esophagitis in 2003. The examiner then opined that the Veteran’s gastrointestinal disorder was less likely due to military service, because “he has no non-specific symptoms but none consistent with IBS.” Aside from the double negative and the incredibly difficult-to-understand rationale, the Board notes that opinion does not address any of the noted potentially present gastrointestinal disorders that are not IBS, and whether such are related to military service. That examination and medical opinion is also woefully inadequate.

Finally, the Veteran underwent a VA examination of his claimed chronic fatigue syndrome claim that same date as well. After examination, wherein it was unclear whether the Veteran was diagnosed with any disorder at all, the examiner opined that the Veteran’s condition was less likely due to military service, because “he does not meet the criteria for chronic fatigue syndrome[, rather] suspect [that] his fatigue is related to PTSD, insomnia and hepatitis C.” Again, the examiner gives no rationale for why the Veteran does not meet the criteria for diagnosis, and again relates the symptom of fatigue to either nonservice-connected hepatitis C or insomniathe Board is unclear whether the Veteran was being diagnosed with insomnia or whether that is also a symptom of some larger condition-or his service-connected PTSD, which could significantly impact the evaluation and rating of the Veteran’s PTSD. Clearly, that examination and medical opinion are also woefully inadequate.

Shoo doggies. My mom was an English and French teacher and I cut my teeth on double negatives and dangling participles. I can declinate lie lay laid in my sleep, Français? Je ne comprends pas rien. It’s almost music to my ears to hear that double negative noticed and mentioned.

We need more Marjorie A. Auers in our BVA life and less American Legion. I’ll bet she can bake a killer cake, too. Women with that outlook and personality are Type A and don’t brook stupidity. It’s about time, too. This is on appeal of a June 2005 DRO Review disaster. That means he filed in 2004 or earlier. Thank Goodness for the VBMS.

Hey, Marjorie. Spring NOVA 2017 is in San Antonio next year. I hope to shake your hand.

Win or Die VA

 

 

 

About asknod

VA claims blogger
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